The development of instruments for protection of rights of indigenous peoples is the result of a long historical trial and error process aiming to recognize the rights of minorities and indigenous populations. However, these instruments represent the abyssal prevailing thinking, which do not achieve success in safeguarding the rights of these peoples. Thisabyssal thinking consists in the Western modernity establishing parameters based on liberal values that validate what is considered science and law. Therefore, the abyssal cartographic lines that were created during the colonial period are represented by an epistemological and legal cartography, which are characterized by absence and exclusion. Therefore, this study is justified by the importance that the issue requires at this historic moment of questioning the universality of human rights and contemporary constitutionalism, which proposes to safeguard the rights of multicultural societies. The objective of this research was to assess how the postcolonial thoughtson human rights can respond to an effective protection of the indigenous societies rights. Therefore, a literature review, theoretical study was performed in order to achieve the proposed objective. The inductive method was used, since this method is suitable to the research proposal and to achieve the logic base of the investigation. In order to enable anunderstanding supportedby the knowledge multiplicity, an exploratory and comparative analysis of ideas, identifying the main thoughts on the subject, anda concept and possibility descriptive method that describes the applicable hermeneutical techniqueswas used. The hermeneutic method, essential for the analysis of the proposed issue, was used because the sociological nature of this work and the need to apprehend the meaning of ideas from the objective or subjective historical reconstruction of the concepts.The results of this assessment indicate that international instruments of protection of indigenous people rights do not succeed in effectively protect the rights of these peoples,since they are based on Eurocentric values. The essential conditions observed for achieving multicultural rights are the deconstruction of particularism of universal human rights and the adoption of an intercultural perspective of human rights following the Ecology of Knowledge proposed by Boaventura de Sousa Santos. The new Latin American Constitutionalism, presented as an epistemology of the South, through a break with the paradigms of Western modernity and the establishment of a new legal and politic rationality may be a viable alternative to the (re)affirmation of the rights of indigenous societies.
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